95 - Loitering and Related Issues - Middleton

Ordinance to Amend Section 16.04(2) of the City of Middleton General Ordinances Relating to Loitering

(2) Loitering. (a) A person commits a violation if he or she loiters or prowls in a place, at a time, or in a manner not usual for law abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the actor takes flight on appearance of a peace officer, refuses to identify him or her self, or manifestly endeavors to conceal him or her self or any object. Unless flight by the actor or other circumstances make it impractical, a peace officer shall prior to any arrest for an offense under this section afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting the actor to identify him or her self and explain the presence and or conduct. No person shall be convicted of an offense under this section if the police officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true and if believed by the peace officer at the time would have dispelled the alarm.

(b) Prohibited Daytime Loitering by Minors (1) It is unlawful for any minor under the age of 18 years who is subject to compulsory education to loiter, congregate, wander, stroll, stand, play or be in or upon the public streets, highways, roads, alleys, parks, playground, or other public grounds, public places, public buildings, places or amusement, eating places, vacant lots, or any unsupervised place during hours of required school attendance. Unless flight by the actor or other circumstances make it impractical, a peace officer shall, prior to any arrest for an offense under this section, afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting the actor to identify him or her self and explain their absence from school or other conduct. Additionally, this section does not apply:

(a) When the minor is accompanied by his or her parent, guardian or other adult person having the care or custody of the minor; or

(b) When the minor is on an emergency errand directed by his or her parent or guardian or other adult person having care or custody of the minor; or

(c) When the minor is going or coming directly from or to his or her place of gainful employment, or to or from a medical appointment; or

(d) To students who have permission to leave school campus for lunch or for school related activities and have in their possession a valid, school issued, off campus permit.